The real contract in Roman law

real contract in Roman law - is an agreement at the conclusion of which one of the parties transmitted to other specific thing.This particular form of the contract to some extent been a guarantee - obligation did not arise until such time as the property is not passed from side to side.

Unlike simple informal agreements, the real contract - is not an abstract pact.The agreement comes into effect in the presence of a specific base, and provides for the obligation to return the person he had received earlier from the property of another person.

Pawn, luggage, loan, loan - it's all real contracts.

most widely considered a loan.This agreement is a unilateral commitment.In accordance with one side of the transition money or thing after a certain period this party was obliged to return.This commitment entered into legal force only after the transfer of property after the agreement.With this agreement the parties is an essential condition for a contract for (no agreement is no contract).

loan involves the transfer of the ownership of things from the creditor to the debtor.This gave the latter the right to become the owner of the transferred property, dispose of them at its discretion.

loan as a real contract, provided specific terms of performance.At the same time, the contract can be terminated upon request of the creditor.As such, the loan did not expect interest on the transferred amount.However, this practice was quite common and was a verbal agreement on a percentage.For example, in the era of Justinian I used the maximum percentage of the loan 6% per year.Applied Systems accrual of interest and obligations in case of delay.

Loan confer greater legal force the lender.At the same time the borrower actually turned out to depend on the lender.Due to the fact that the first was needed cash, the second could dictate their terms.The system has had some features of the loan.For example, the lender could order the debtor to pay the money to a third party.In this case, the latter becomes a debtor first.

real contract, the alleged donation of temporary use by one person to another thing called loan.The main difference of this agreement from the loan is free of charge.In this case, the obligation was based on the friendly relations of the parties.

loan - it is a real two-way contract.In the context of this agreement ssudoprinimatel he had a right to recover the costs associated with the improvement or maintenance of the property taken.You can do this was by filing a counterclaim.At the same time, people, the thing (the lender) could demand the return of the property before the period specified in the agreement.

Loan commitments ceased since returning ssudoprinimatelem property transferred to it.

real contracts in Roman law was considered and an agreement on storage (luggage).The contract provided for two-way commitment.It assumes the transfer of movable property be deposited with the deadline or demand.After a certain period of the agreement item returned to the owner.

Under this agreement, the person receiving the deposited property is not used, but only carried out its content and provides safety.Typically, as the subject matter advocated specific thing.

contract of storage based on friendly relations and was gratuitous.However, with the help of an action person, take custody of the property may recover damages from a depositor, if the latter caused the first loss by depositing "low-quality thing."In connection with the donation agreement, bailee was not responsible for keeping things carefully enough.At the same time he was obliged not to cause intentional damage and prevent careless storage of property.